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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Mass identity fraud using www.akvehicle.com - - TfL penalties/PCNs Hire Vehicles not mine but in my name whilst abroad - now bailiffs - help!!


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I have a letter from my employer stating that I was abroad for the whole time that offences have been incurred (that I aware of so far). I'm continuing to submit the necessary forms to challenge those offences that I am aware of and am writing a letter to my MP for more long-term assistance. Thanks all. 

 

I will see if my MP gets back to me and if not, I will follow the shotgun SD approach. 

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Do you havr other proof. Other thanl the letter or Passport eg banl statement showing you spending money or withdrawing money on a day the offences happened. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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That will help. Can you print off the google maps stuff and the Revolt Purchases especially ones that show the exact place eg €29.00 Chanel Paris France . 

It would help prove you cant be in 2 places at once. Another thought can you contact revolt and ask if they have date and time stamped transactions they can send you out for the whole time you was abroad as that would be even better. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

My mortgage broker has now informed me that I have various County Court Judgements in my name.

 

I havent received any notice of these Judgements and wondering why there are these?

 

They are surely related to the penalty notices.

 

I've looked online and it looks like I have to pay £275 to file an N224 form per CCJ and go through a court process which will take ages and prevent me from buying a house.

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wont be anything to do with your council parking tickets issue

these will be old consumer credit debts like cards/loans and OD etc taken out in your name.

 

you wont have ever gotten any paperwork as it was not you that took them out?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I cant be anything like that. I no longer use an overdraft (only did when I was a student but never went over the limit) and don't have a credit card. 

 

All my bank accounts have also been updated with my various addresses as ans when I've moved places. I've always updated them swiftly to keep a higher credit score. 

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this will be debts that happened under the mass iD fraud.

they could be PRIVATE parking speculative invoice CCJ's, as that's a contract issue and a civil matter.

 

so you've never checked your credit file?

 

dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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what trustonline.org?

 

ensure any/all your old addresses are showing on your credit file.

 

who's the judgement creditor? a private parking company?

 

dx

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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TOL should show the judgement creditor.

the trouble is though you can only search one address per £3 is it?

 

i will guess any CCJ's are for private parking tickets and are for parking charge notices - we call them speculative invoices, but which will be for about the same 'period' as the council Penalty Charge Notices this thread is about.

 

Private Parking are a civil contract issue so are dealt with by the county courts and result in CCJ's.

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It doesn't show the creditor and let's you know this before you go through the payment process for the search. 

 

You have to pay per address but any Judgements are almost certainly looked with the same old address that all the penalty charges went to. 

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if you have the CCJ number

ring northants bulk and ask for a copy of the particulars of claim AND judgement CCJ by email pdf

there maybe a small charge.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 months later...
  • 4 months later...

And?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 1 month later...

Does anyone else have any suggestions of what to do? I've gone to the police, action fraud, my MP etc. but no one will help and I keep receiving more and more enforcement notices. It takes hours to sort each one out and the threat of enforcement is forever hanging over me 

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On 11/05/2022 at 21:08, sweep1 said:

Identity Theft is a real problem and more common place than people think, for those affected by Identity Theft it can take a long time to resolve.

I would recommend you go to your local police station and ask to speak to a Detective, remember to take all your documents with you (proof of being out of the county etc)

The person who is using your identity to hire vehicles is committing acts of fraud and deception, additionally any vehicle being used that person will NOT be covered by insurance.

The police can and should be able to notify London/Met Police who can enter the vehicle(s) registration number(s) onto their ANPR systems.


The Police would have reasonable cause to stop and detain the driver until their identity can be fully established.

Until the person using your ID is stopped, your unlikely to make any headway in resolving matters with bailiffs

There was a similar case about a year ago and VCAS and the local MP stepped in to resolve it, this also involved a vehicle in London using cloned plates, Met Police used ANPR to stop and arrest the driver.

Victim and witness support organisations | Metropolitan Police

 

 did you action the above?

getting CID involved might be the answer here.

also the victim support link at the bottom.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I went to the police station and spoke to a police officer about my case, and presented evidence.

 

Through submitting subject access requests on various entities, I also have a possible phone number and email address for an employee of the company that is hiring out the vehicles (and having investigated further (and with new info coming to light) I think the company is itself fraudulent).

 

However, the police informed me that I should supply all evidence to Action Fraud /  National Fraud Intelligence Bureau as it is AF / NFIB who deal with fraud matters rather than the police. I did as much, however, they said that they do not have a line of inquiry to proceed (despite me providing one).

 

I've looked into victim support lines, however, they all seem to provide emotional support. I am looking for practical support on how to resolve the issue rather than emotional support. 

 

Was the cloning case in a newspaper? If so, do you have a link to it? 

 

I think I can share it with my MP and ask her to connect with the MP who resolved the case (my MP has suggested I could do this if I knew of any similar cases that were resolved).

 

Is it this 

 

6554b6be8c0d829a8bf63ae0c82cf121_link.pn Woman sent £20k worth of fines after her car number plate was cloned

WWW.THENORTHERNECHO.CO.UK

The Hartlepool woman had advertised her Mercedes for sale on Gumtree and was totally unaware the plates had been cloned until speeding fines,…

 

 

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Just a thought was the house you lived in before going abroad Rented?

 

If so can you ask a few questions without breaking any laws. 

 

A letter saying when you moved out/handed keys back. Also ask when the property was re let. Advise them if necessary what is happening. 

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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You may also be able to complain to the LGO about TFL handling of these charge notices. (However, penalties may be challenged for any other reasons – what we call ‘mitigating circumstances)

 

 

When you received the penalty notices, they normally contain a picture of the vehicle, have you checked with TFL to see if this vehicle is being used a taxi/private hire/uber

 

TFL.GOV.UK

Find out whether a private hire driver, vehicle or operating centre is licensed.

 

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The OP does not have the notices. They were served on a old address but the OP did not live in the country. 

 

Interestingly why was the post not returned to sender from the new resident. If l get post for non residents, trust me l still do after nearly 11 yrs, l just return it. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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that doesn't matter, the OP did not received the PCN's. end of. an appeal can be raised. returning mail is an old wives tale that make no difference at all.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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